OAR 629-643-0142: Eastern Oregon; Small Forestland Owner Minimum Option Prescription

(1) The purpose of this rule is to provide the small forestland owner minimum option prescription for vegetation retention in Eastern Oregon riparian areas, as shown in Table 4. [Table 4: Eastern Oregon Small Forestland Owner Minimum Option Vegetation Retention Riparian Management Area Distances] (2) The small forestland owner shall apply the vegetation retention requirements to the riparian management areas of Eastern Oregon Type F, Type SSBT, and Type N streams. (3) All other requirements for the standard practice prescription rules shall apply. (4) Both the small forestland owner minimum option and the standard practice prescriptions and riparian management widths apply to Type N streams depending on whether the stream classification is perennial (Np) or seasonal (Ns). The State Forester shall determine the classification of a Type N stream as Np or Ns following the process described in OAR 629-635-0200(18). (a) To apply the appropriate vegetation requirements as described in Tables 2 and 4, a small Type Np stream shall be classified as either terminal or lateral. (b) The State Forester shall provide these maps that show the stream classification that identify the small Type Np streams. [Table 2: Eastern Oregon Standard Practice Vegetation Retention Riparian Management Area Distances] (5) For all Type F, Type SSBT, and large and medium Type N streams, the small forestland owner shall: (a) Retain all trees and vegetation within the inner zone. (b) Retain all trees leaning over the channel. (A) For the outer zone, a minimum of 60 square feet of basal area per acre beyond the 30-foot inner zone, using the distances shown for the stream size described in Table 4. The small forestland owner shall measure the outer zone starting from the edge of the inner zone. To meet the basal area target requirement, the small forestland owner shall retain 27 trees from the largest diameter class per acre. (B) The remainder of the trees shall consist of trees greater than eight inches DBH. (C) When present, retained species shall consist of ponderosa pine, Douglas-fir, Western larch, hardwoods, and other species that are considered fire-resilient. (D) Retained trees shall be well distributed within the outer zone unless limited by existing site or stand conditions. (E) Notwithstanding (A) through (D) above, the distribution, species, and size of retained trees shall be left on site in such a way that promotes fire resiliency and overall stand health, and shall be described in the written plan. (c) The small forestland owner shall adhere to an ELZ in the outer zone for 30 feet, extending from the outer edge of the inner zone. (6) For small terminal Type Np streams flowing into a Type F or Type SSBT stream, the small forestland owner shall retain: (a) All trees within 20 feet from the edge of the active channel for a maximum distance of 500 feet upstream of the Type F stream, defined as the inner zone. The total distance of the tree retention area above the confluence shall be determined according to the process in OAR 629-643-0143. (b) All trees leaning over the channel. (c) Trees outside of 20 feet and at 40 feet from the edge of the active channel, defined as the outer zone. The outer zone retention requirements shall apply upstream for the same distance as required in (a) as follows: (A) A minimum of 60 square feet of basal area per acre beyond the 20-foot inner zone and the distances shown in Table 4. (B) To meet the basal area target requirement, the small forestland owner shall retain 27 trees from the largest diameter class per acre. (C) The remainder of the trees shall consist of trees greater than eight inches DBH. (D) When present, retained species shall consist of ponderosa pine, Douglas-fir, Western larch, hardwoods, and other species that are considered fire-resilient. (E) Retained trees shall be well distributed within the outer zone limited by existing site or stand conditions. (F) Notwithstanding (A) through (E) above, the distribution, species, and size of retained trees shall be left on site in such a way that promotes fire resiliency and overall stand health. (d) The small forestland owner shall adhere to an R-ELZ or ELZ extending from the edge of the inner zone, extending the same distance as the distance determined in (a) as required in OAR 629-643-0143. (e) The small forestland owner shall adhere to an ELZ upstream of the tree retention area for the remainder of the Type N channel. (7) For small lateral Type Np streams flowing into a Type F or Type SSBT stream, the small forestland owner shall retain all trees within 20 feet from the edge of the active channel for a maximum distance of 250 feet upstream of the confluence with the Type F or Type SSBT stream. (a) The small forestland owner shall determine the total distance of the tree retention area above the confluence as described in OAR 629-643-0143. (b) The small forestland owner shall adhere to an R-ELZ or ELZ extending 50 feet from the edge of the active channel. The operator shall extend the R-ELZ or ELZ the same distance as the distance determined in (a), as required in OAR 629-643-0143. (c) The small forestland owner shall adhere to an ELZ upstream of the tree retention area and for the remainder of the Type N channel. (8) For a small Type Ns stream, the small forestland owner shall retain all shrubs and trees under six inches DBH within 30 feet of the active channel or channel migration zone, and for 750 feet upstream of the confluence with the Type F or Type SSBT stream. The small forestland owner shall adhere to an ELZ from the edge of the active channel for the entire Type N stream. (9) For Type Np and Type Ns streams outside the tree retention area described in this rule, the small forestland owner shall follow all other Type N ELZ standard practice requirements in OAR 629-643-0120. (10) For all Type F, Type SSBT, and Type N streams, retained trees in the outer zone in Table 4 that otherwise meet the wildlife leave trees requirements may be counted toward wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676. Trees in the forest conservation tax credit may be counted toward these requirements. [ED. 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